Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

SRI RANI ABD RAHIM v. PROTON EDAR SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 771 OF 2020 [CASE NO: 4/4-607/19]
5 JUNE 2020

DISMISSAL: Breach of company rules and policies – Violence at the workplace – Whether the claimant had behaved aggressively towards COW1 – Factors to consider – Evidence adduced – Effect of – Whether the charge had been proven by the company – Claimant’s defence – Whether could be accepted – Whether COW1 had provoked him – Effect of – Claimant’s service record with the company – What it had shown – Whether the punishment of dismissal against him had been manifestly harsh considering the facts – Whether dismissal without just cause and excuse


MOHD FAZLY KASSIM lwn. DHL EXPRESS (M) SDN BHD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
KALMIZAH SALLEH
AWARD NO. 1073 TAHUN 2020 [NO. KES: 5/4-1604/18]
6 OGOS 2020

KETERANGAN: Saksi – Kegagalan syarikat memanggil pegawai-pegawai sumber manusianya untuk memberi keterangan di mahkamah – Sama ada mereka merupakan saksi yang penting – Faktor-faktor yang harus diambil kira – Kesannya – Sama ada salah laku tersebut berjaya dibuktikan oleh syarikat responden terhadap YM – Sama ada pembuangan kerja YM dilakukan secara adil dan bersebab

PEMBUANGAN KERJA: Ketidakpatuhan terhadap peraturan dan polisi syarikat – Cuti sakit – YM diarahkan mendapat rawatan kesihatan di Hospital Pakar KPJ, Seremban tetapi mendapat rawatan kesihatan di panel klinik lain syarikat responden – Alasan YM – Sama ada dapat diterima – Faktor-faktor yang harus diambil kira – Keterangan yang dikemukakan – Kesannya – Sama ada salah laku tersebut berjaya dibuktikan oleh syarikat responden terhadapnya – Kesannya – Sama ada pembuangan kerja YM telah dilakukan secara adil dan bersebab – Akta Perhubungan Perusahaan 1967, ss. 20(3) & 30(5)

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Article Highlight

EMPLOYEE WHO MADE HITLER MEME AWARDED $200K
AUSTRALIA 
Employment
Organisations must be clear about what behaviour is or is not acceptable
The man took BP to the FWC for unfair dismissal and originally lost the case in September last year, after deputy president Melanie Binet sided with BP in finding the video was “inappropriate and offensive”. The employee then appealed, insisting he had not intended to offend anyone and that the video was supposed to be “humorous”. He said that it did not identify BP or anyone specifically.

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VACANCIES FOR REHIRING PROGRAMME, EXPATRIATES TO GO THROUGH MYFUTUREJOBS EFFECTIVE NOV 1
Employment
MYFutureJobs to be single platform for monitoring of job matching involving locals
Effective Nov 1, employers who wish to hire foreign workers through the re-hiring programme as well as apply for the recruitment of expatriates are required to advertise the vacancies first on the national employment portal, MYFutureJobs. Human Resources Minister Datuk Seri M. Saravanan said the advertisement on vacancies at MYFutureJobs should not be less than 14 days for the re-hiring programme of foreign workers in the country and 30 days for the application of expatriates.

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Global Media Reports

MALAYSIA

Grab rakes in over RM130m in sales under SMO, ePENJANA initiatives
The Malaysian Reserve | 25-Nov-2020
GRAB Malaysia has garnered more than RM130 million in sales to help local businesses stay afloat through the support of Shop Malaysia Online (SMO) and...

Malaysia needs policies that foster productive employment
The Malaysian Reserve | 25-Nov-2020
MALAYSIA needs policies that would enable local employees to work longer in the future, while maintaining good health in the long run. Minister in ...

ASEAN

No evidence that increased unemployment benefits act as disincentive for job seekers, economists say
The Guardian | 25-Nov-2020
There is “no evidence” the coronavirus supplement stopped jobseekers looking for work and even a “substantial increase” in unemployment benefits would...

Forum highlights role and development of Asean youth
The Star | 25-Nov-2020
Forum highlights role and development of Asean youth...

WORLD

What Questions to Ask in a Job Interview
WSJ | 25-Nov-2020
Job interviews are a two-way street and, when done right, should be a conversation between the candidate and the interviewer. ...

Copenhagen-based Workee raises €300K to scale its mobile-first job app in Denmark
EU Startups | 25-Nov-2020
Danish job marketplace Workee has just closed a seed round. The funding was provided by several business angels including Michael Ritto, former CEO at...

See all previous Global Media Reports

New! LLB Bulletin #11/2020